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If at First You Don't Succeed, Maybe Appeal Rather Than Try, Try Again | Carlton Fields

On August 4, 2022, the Seventh Circuit Court of Appeals issued a short opinion that is chock-full of helpful reminders about the relationships between post-judgment and appellate. ....

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Civil procedure — Rule 60(b) motion to reconsider

Civil procedure Rule 60(b) motion to reconsider-
Where plaintiff did not file timely appeal and instead attempted to raise new arguments in Rule 60(b) motion, district court did not abuse discretion in denying that motion.The 7th U.S. Circuit Court of Appeals affirmed a decision by Judge Sharon. ....

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Religious Institutions Update: June 2021 | Holland & Knight LLP


In
Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California s imposition of a blanket limitation during the COVID-19 pandemic on private gatherings of all kinds, religious and secular, in homes to three households. However, California permitted gatherings at other types of locations such as hair salons, retail stores, private suites at sporting events and concerts and indoor restaurants. According to the per curiam, [c]omparability is concerned with the risks various activities pose, not the reasons why people gather ; therefore, these activities are comparable. Government regulations trigger strict scrutiny under the Free Exercise Clause whenever they treat comparable secular activity more favorably than religious exercise. Narrow tailoring requires the government to show that measures less restrictive of the First Amendment activity could not address its interest in reducing the spread of COVID. Moreover, the state c ....

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